The trademark PAGANAX was filed by Null X-KOM Michał Świerczewski, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on November 20, 2022, and received one opposition filed on February 14, 2023 by PAGANI S.p.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BRUNACCI & PARTNERS S.R.L and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 14, 2023
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003190455 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 7, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Pressure gas cylinders made of metal
Cylinders of metal for gas
Foils of metal for wrapping and packaging
Foils of metal for covering
Foils of metal for cooking
Handcuffs
Shackles [leg irons] made of metal
Metal karabiners
Metallic capsules [containers]
Shoe pegs of metal
Balls of steel
Metal storage drums
Metal cylinders for compressed gas or liquids [empty]
Metallic capsules [containers]
Bolt snaps of metal
Thread of metal for tying-up purposes
Tent poles of metal
Lock washers of metal
Tent pegs of metal
Metallic word combination locks
Tinplate packings
Furnace fireguards of metal
Gun safes
Metal bank vaults
Vaults
Tent pegs of metal
Cotter pins of metal.
The mark was filed in class 11 with following description of goods:
Fuel burners
Stop cocks being safety apparatus for gas apparatus
Friction lighters for igniting gas
Heating cartridges
Grill lighters
Gas lighters
Candle lighters
Igniters
Pyrophoric lighters, other than for smokers
Electric firelighters.
The mark was filed in class 13 with following description of goods:
Sprays for personal defense purposes
Ammunition and projectiles
Ammunition for firearms
Medium calibre ammunition
Small arms ammunition
Fireworks
Automatic carbines
Automatic guns
Automatic revolvers
Recoilless guns
Gun locks
Flares [pyrotechnic]
Weapons
Rifle cases
Harpoon guns
Pistols
Hunting firearms
ASG (Air Soft Gun) weapons
Real Action Marker (RAM) weapons
Air guns
Conducted electrical weapons (CEW)
Small arms
Sporting guns
Noise-suppressors for guns
Tear-gas weapons
Gun sights for firearms [not optical or telescopic]
Open sights for use on firearms
Gunstocks
Component parts for guns
Smoke detonators
Supplemental chambers for firearms
Munition dispensers
Cartridge case extractors
Sky rockets
Rescue flares, explosive or pyrotechnic
Signal rocket flares
Protective cases adapted for firearms
Pistol cases
Adjusting knobs for gun sights
Pepper sprays
Holsters
Rifle stocks
Sighting mirrors for guns and rifles
Machine guns
Gunstocks
Powder flasks for firearms
Air pistol bullets
Pistol pellets
Bullets for use with rifles
Hammers for guns and rifles
Crossbows [weapons]
Bandoliers for holding cartridges and ammunition cases
Loading clips for small arms
Pyrotechnic charges
Rifle stocks
Blank cartridge shells
Shot shells
Rifle barrels
Cartridges
Sighting mirrors for guns and rifles
Magazines for weapons
Cartridge magazines for firearms
Small bore firearms
Marine pyrotechnics [flares]
Muskets
Cartridges for firearms
Hunting gun cartridges
Shotgun cartridges
Cartridges for gunpowder
Sporting cartridges
Cartridges containing smoke
Cartridges containing flares
Tools for loading weapons
Ammunition casings
Bengal lights
Roman candles
Signal fires
Sight protectors for firearms
Shell cases
Blasting cap protectors
Javelins [weapons]
Blasting paper
Shoulder straps for weapons
Gun belts
Cartridge belts
Shot belts
Cartridge belts
Firecrackers
Pyrotechnic distress flares
Fireworks
Pistols [arms]
Machine guns
Stun guns
Disabling sprays (chemical irritants)- Electric stun guns
Air pistols [weapons]
Air pistols [air guns]
Starting pistols
Gun scabbards
Projectiles for weapons
Air pistol bullets
Smoke projectiles
Pyrotechnic missiles
Holders, holsters, magazines and cartridges, for weapons and ammunition
Case covers for firearms
Combination pistols and rifles
Slingshots [weapons]
Shotgun powder
Gunpowder
Hand flares
Handles for pistols
Grips for small arms
Revolvers
Blank cartridges
Pistol caps
Pellets [ammunition]
Lead shot
Steel shot
Firearm bipods
Firearm monopods
Tripods for firearms
Hunting rifles [sporting rifles]
Explosive signals
Fog signals, explosive
Cleaning brushes for firearms
Fireworks
Fireworks in shell forms
Firearm magazine speedloaders
Protective shields adapted for firearms
Targets for military use
Apparatus for filling cartridge belts
Noise-suppressors for guns
Bags for storing firearms [specifically adapted]
Ammunition bags
Gun bags [specifically adapted]
Butt plates for firearms
Butt plates for pistols
Cartridge case receivers for automatic firearms
Cartridge case receivers for semi-automatic firearms
Rifle cases
Windshirts
Cleaning rods for firearms
Fireworks
Loaded cartridge magazines for firearms
Safety catches for firearms
Breeches of firearms
Tumblers [parts of gunlocks]
Hand-operated tear gas dispensers
Cleaning brushes for firearms.
The mark was filed in class 22 with following description of goods:
Tarpaulins
Canopies [awnings]
Canopies for use in angling
Rope ladders
Screens for protection against the wind
Flexible intermediate bulk containers [sacks] for transporting materials
Straps, not of metal, for handling loads
Slings, not of metal, for handling loads
Ropes for tents
Cord
Ropes, strings, slings, and bands
Awnings and tarpaulins
Covers for camouflage
Nets for camouflage
Waterproof covering sheets [tarpaulins]
Dodgers
Fabric belts for handling loads
Tarpaulins
Covers for camouflage
Nets for windbreak purposes
Nets for shading
Fitted nets
Nets for camouflage
Camouflage nets for visual use
Camouflage nets for radar use
Braces, not of metal, for handling loads
Bags [envelopes, pouches] of textile, for packaging
Bags and sacks for packaging, storage and transport
Sacks for the transport of materials
Sun screens [outdoor], of textile.
The mark was filed in class 35 with following description of goods:
Providing consumer information relating to goods and services
Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
Providing commercial information to consumers
Distribution of promotional matter
Electronic order processing
Collection and systematisation of information into computer databases
Commercial information and advice for consumers in the choice of products and services
Compilation of directories for publication on the internet
Organisation and conducting of product presentations
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Arranging the buying of goods for others
Presentation of goods on communication media, for retail purposes
Administrative processing of purchase orders placed by telephone or computer
Advertising
Online advertising on a computer network
Radio advertising
Advertising in periodicals, brochures and newspapers
Providing consumer product information
Import-export agency services
Advisory services relating to the purchase of goods on behalf of others
Import and export services
Provision of information and advice to consumers regarding the selection of products and items to be purchased
Business administration services for processing sales made on the internet
Ordering services for third parties
Online ordering services
Arranging commercial transactions, for others, via online shops
Retail services connected with the sale of the following goods: Defence sprays, Ammunition, power loads, shot
Wholesale services in relation to: Defence sprays, Ammunition, power loads, shot.